Md. Jasuddin @ Jasmuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36150 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- Mehsoul District- Sitamarhi ====================================================== Md. Jasuddin @ Jasmuddin Son Of Late Ijajul Resident Of Village - Mehsaul Ward No. 27 Police Station -Mehsaul, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-06-2026 The Court proceeding is being conducted through virtual mode.

2. Heard Learned Counsel for the petitioner and Learned APP for the State.

3. The petitioner is apprehending arrest in connection with Mehsaul P.S. Case No. 85 of 2026 lodged on 28.03.2026, for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

4. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner with allegation that there is recovery of 10.2 litres wine from the house of Md. Sameer (petitioner's grandson).

5. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.36150 of 2026(2) dt.02-06-2026 2/3 also submits that name of the petitioner has figured in this case only due to reason that petitioner is grand father of Md. Sameer. He further submits that the house of his grand son is separate and he has separate mess and separate ration card.

6. Counsel further submits that criminal antecedent of the petitioner is not clean as there are three criminal cases pending against him in which two cases are relating to IPC and one case is of the Excise Act with the same allegation and in the said case, recovery has been made from the house of Md. Sameer, but name of petitioner has been inserted in this case.

7. Counsel further submits that the petitioner is aged about 70 years.

8. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and from paragraph 7 of the bail petition, the plea has been that the petitioner and his grand son are living separately.

9. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

Patna High Court CR. MISC. No.36150 of 2026(2) dt.02-06-2026 3/3 as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge 2nd Sitamarhi in connection with Mehsaul P.S. Case No. 85 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Prakashmani/- U T